212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

NYC Gay & LGBT Family Law Lawyers

By Spodek Law Group | November 1, 2020
(Last Updated On: May 27, 2023)

Last Updated on: 27th May 2023, 12:18 pm

Before July 24, 2011, when same-sex marriage became legal in New York, same-sex couples were not legally recognized as legitimately married in the eyes of the law. Benefits of marriage such as social security benefits, inheritance benefits, and health insurance benefits were denied them.

Although there have been countless changes that benefit LGBT couples both in law and in the social sphere, the law is still evolving in this area and there are frequent challenges to the laws that exist. There are still obstacles that LGBT couples face and they require the same legal representation as opposite-sex married couples. The issues in marriage and Divorce, Child Custody, and legal agreements fall under the umbrella of Family Law.

From prenuptial agreements to adoption or divorce, an LGBT family law lawyer is knowledgeable in the unique challenges and issues in the LGBT community. It may be hard to keep up with LGBT Rights and the legal challenges to them. Having a lawyer on your side who understands your rights and will fight for them can give you a sense of peace and safety that can often seem elusive.

What Are LGBT Rights?

In the landmark case of Griswold v. Connecticut¹ in 1965, the Supreme Court officially acknowledged that marriage relationships were intimate to the degree of being sacred, and they are a way of life and not social projects. At the time, marriage was defined only as between two partners of opposite sex. Same-sex couples were not recognized to be a part of unions described by the Court as sacred.

In 2017, a Gallup Poll revealed that there were 1.1 million LGBT people married to someone of the same-sex or 547,000 married same-sex couples. 1.2 million LGBT people in the U.S. are in a same-sex relationship but unmarried.

While countries like Nigeria were outlawing same-sex marriage in 2011, the United States was litigating the rights of same-sex persons to legally marry, however, there were still discriminations on the individual as well as state levels.

The U.S. Supreme Court ruled that individual states cannot ban same-sex marriage. They are required to issue marriage licenses to any same-sex couples who apply. The 2015 deciding case of Obergefell v. Hodges², determined that same-sex couples have the fundamental right to marriage per the Due Process Clause and the Equal Protection Clause of the 14th Amendment.

Health providers and insurance companies are no longer able to discriminate by turning someone away for being LGBT or denying anyone coverage for a pre-existing condition. Same-sex domestic partners can also receive long-term care insurance and are eligible for federal benefits under their same-sex federal employee partners.

LGBT couples have rights in the workplace, the healthcare environment, government institutions and they have rights under the law to adopt, enter pre and postnuptial agreements, win custody of children and receive all the same benefits as opposite-sex couples.

What Can An LGBT Family Law Lawyer Do For Me?

LGBT same-sex marriages can come with some specific unique elements, however, as far as the law is concerned they face the same challenges all marriages do and so the issues a lawyer can assist with include:

  • Prepare Legal Contracts
  • Pre and Postnuptial Agreements
  • Divorce
  • Adoption
  • Estate Planning
  • Orders of Protection
  • Surrogacy
  • Discrimination
  • Child Custody
  • Inheritance

It is always wise to work with an LGBT family law lawyer who can not only advise you on legal issues that affect the LGBT community, and partnerships in general, but defend your rights if you ever face an injustice that is against the law.

The law has come quite a long way in protecting the rights of all people. There will always be hurdles here and there to overcome whether someone is a member of the LGBT community or not, however, an LGBT family law lawyer understands the unique challenges to the community and is able to ensure that everyone’s rights are respected and upheld.

In the past two decades or so, the United States has seen a massive cultural and legal shift regarding the rights of LGBT community members. New York in particular has evolved regarding gay rights. The most significant difference is the right of LGBT community members to marry their chosen partners in all of the United States.
With these new rights comes the potential for new legal complications. Family law is rapidly developing insights and practices to represent people in same-sex marriages. If you’re seeking a family law attorney to represent you as an LGBT client, you should consider the following factors before making your decision:

Experience With LGBT Clients

It’s not necessary for a lawyer who works with LGBT community members to be a member of the community themselves. However, they should have experience with the representation of LGBT clients. Growing numbers of New York attorneys have negotiated family law and other agreements for their LGBT clients. Because the rights of LGBT people have been so recently granted, and aren’t universally guaranteed, a lawyer who represents LGBT clients must be familiar with discrimination and domestic law issues.

If you’re seeking a family law attorney for your LGBT relationship or child, your first step will be to have a consultation. The attorney will discuss your legal matter or case, the nuances of the law regarding it, and potential approaches going forward. Consultations are the best way for LGBT community members to gauge whether the attorney will be a good fit for their circumstances. A family law lawyer must understand the nuances and complications inherent in domestic law for LGBT people.
Across the state, a growing number of enrichment programs have been designed for attorneys to learn more about how to represent the LGBT community. These programs include information about LGBT rights, marriages, custody agreements, and etiquette. Additionally, certain specialized non-profit organizations will take on attorneys who want to provide their services to LGBT community members.

Divorcing Same-Sex Couples and Child Custody

When child custody is an issue, same-sex divorces use the same standards as opposite-sex divorces. The court will make the custody determination based on the child’s best interests. This determination will define which parties get physical custody, legal custody, and visitation rights.

Theoretically, courts are neutral when approaching a child’s custodial placement with same-sex parents. Instead of applying preconceived notions to the case, the court analyzes a set of domestic factors, and then applies them to the case circumstances.
A court might consider which parent has filled the role of primary caretaker for the involved child. Other potential deciding factors include, but are not limited to: physical health, mental health, and emotional health of all involved parties.

The Potential for Inherent Discrimination

Even though a great deal of progress has been made for LGBT community acceptance, there’s still a possibility of inherent discrimination. Any attorney working with the LGBT community should be aware of the potential for discrimination and hypervigilant in protecting their client against it.

LGBT Marriage

Same-sex marriage was legalized in New York before the 2015 Supreme Court ruling that nationalized it. However, same-sex marriage still receives frequent challenges both in New York and in the rest of the country. These challenges occur on both an individual and systemic basis. For an example of individual discrimination, some same-sex couples have faced the illegal denial of their marriage license by government workers citing “religious reasons.” On a systemic level, many state legislatures have attempted to enact discriminatory legislation in retaliation for the marriage equality decision.

If you’re facing discrimination regarding the officiating or verifying of your marriage, a family law lawyer should be your first resource. Sometimes, the problems don’t stop when the marriage license is issued. Couples still might face illegal discrimination including the refusal of businesses to serve them, the denial of hospital visitation rights, and the denial of the right to make life-saving medical decisions for a person’s spouse.

Even though the law is on the side of LGBT people, facing illegal discrimination is still a frightening and alienating experience. A good family law attorney will not only understand the law, but they’ll be experienced using it to defend their clients against unlawful discrimination.

¹GRISWOLD ET AL. v. CONNECTICUT No. 496 381 U.S. 479; 85 S. Ct. 1678; 14 L. Ed. 2d 510; 1965 U.S. LEXIS 2282 , (1965), https://web.stanford.edu/~mrosenfe/Griswold_v_CT_US_1965.pdf (last visited Sep 9, 2017).
²OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14–556. , (2015), https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (last visited Jul 2, 2015).

 

Before same-sex marriage became legal in New York on July 24, 2011, same-sex couples were not legally recognized as married and were denied benefits such as social security, inheritance, and health insurance. While there have been significant changes benefiting LGBT couples, legal obstacles remain. Hence, LGBT couples require the same legal representation as opposite-sex couples in matters of marriage and divorce, child custody, and legal agreements.

An LGBT family law lawyer can assist with legal contracts, pre-nuptial and post-nuptial agreements, divorce, adoption, estate planning, orders of protection, surrogacy, discrimination, child custody, and inheritance. A lawyer who understands the unique challenges faced by the LGBT community can ensure that everyone’s rights are respected and upheld.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!